The plaintiff sells a certain pesticide "DE. WG" (with the active ingredient dithianon 700g/kg) in several European countries.
The defendant is owner of a permit for the distribution within Germany of this product, purchased from the plaintiff and imported from Italy, under the denomination "Realchemie Dithianon 700".
Only products which are in accordance with the standards of the plaintiffs are allowed to use a protected labelling. The plaintiff found out, however, that the product distributed by the defendant had higher contaminations than was allowed for the permit of the "DE. WG" product.
The plaintiff therefore asked to terminate the distribution of the product.